HERITAGE RESOURCES, INC. v. NATIONSBANK

No. 95-0515.

939 S.W.2d 118 (1996)

HERITAGE RESOURCES, INC., Petitioner, v. NATIONSBANK, Co-Trustee under the Will of David B. Trammell, Deceased et al., Respondents.

Supreme Court of Texas.

Decided April 25, 1996.

Rehearing Overruled March 21, 1997.


Attorney(s) appearing for the Case

John R. Woodward, Dallas, for Petitioner.

Robert Scogin, Kermit, Rick K. Disney, Fort Worth, Cary L. Jennings, Fort Worth, Ben A. Douglas, Fort Worth, for Respondents.


Justice BAKER delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justice CORNYN, Justice ENOCH, and Justice SPECTOR join.

This case involves construction of royalty clauses in several oil and gas leases. NationsBank sued Heritage contending that Heritage deducted transportation costs from the value of NationsBank's royalty in violation of the leases.

The trial court rendered a partial summary judgment against Heritage deciding liability and...

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